Big Tech

Online
Essay
Children and the Cars That Watch Them
Nila Bala
Acting Professor of Law (tenure track), University of California, Davis School of Law.

The author thanks Khalid Albutairi, Elizabeth Brandt, Simone Montgomery, Madeline Reed, and Lauren Yi for their assistance.

Parents are turning to autonomous vehicles (AVs) to shuttle their children around, seeing them as a safe and convenient option. AVs promise increased mobility for children but bring with them unparalleled surveillance risks. As parents embrace in-cabin monitoring and location tracking to enhance safety, they also—often unknowingly—authorize the mass collection, retention, and potential disclosure of their children’s most intimate data.

This Essay presents the first case study of children’s privacy in AVs, serving as a lens to critique the prevailing reliance on parental notice and choice as the cornerstone of children's data protection. Drawing on privacy theory, surveillance studies, and child development literature, the Essay argues that the notice-and-choice framework fails to account for children’s distinct privacy interests, particularly when the data collected may be retained indefinitely, repurposed by law enforcement, or sold to data brokers. The Essay calls for real limits on data collection, meaningful restrictions on sharing, and mandatory deletion rules. These principles extend beyond AVs to the technological ecosystem now shaping childhood in the digital age.

Online
Essay
Uproot or Upgrade? Revisiting Section 230 Immunity in the Digital Age
Michael Daly Hawkins
Michael Daly Hawkins is a Senior Circuit Judge on the U.S. Court of Appeals for the Ninth Circuit. He also serves as Editor-in-Chief of Western Legal History, a publication of the Ninth Judicial Circuit Historical Society (NJCHS).
Matthew J. Stanford
Matthew J. Stanford is an attorney and a senior research fellow at the California Constitution Center at Berkeley Law, where he received his J.D. in 2017.

We thank the University of Chicago Law Review Online editorial team for their careful and thoughtful edits. The views expressed in this article, as well as any mistakes, are the authors’ alone.

The internet has drastically altered our notion of the press.

Online
Essay
What Kind of Oversight Board Have You Given Us?
Evelyn Douek
Evelyn Douek is a lecturer on law and S.J.D. candidate at Harvard Law School, and Affiliate at the Berkman Klein Center For Internet & Society. She studies global regulation of online speech, private content moderation, institutional design, and comparative free speech law and theory. She has participated, at Facebook’s invitation, in several workshops on the FOB, all unpaid and in her academic capacity. Tweet @evelyndouek.

The Facebook Oversight Board (the “FOB”) will see you now—well, at least a very small number of a select subset of you.